Alberta Gazette — 31 July (ii)

0731 ii

Alberta — Gazette

Alberta Regulation 142/2002

Dairy Board Act

MINIMUM MILK PRICE ORDER

Filed: July 4, 2002

Made by the Alberta Energy and Utilities Board (Order U2002-196) on June

26, 2002 pursuant to

section 13 of the Dairy Board Act.

1 All Class 1 milk shall be purchased on a hectolitre basis and where

that milk has a butterfat content of 3.60 kilograms per hectolitre the

minimum price for that Class 1 milk shall be $70.67 per hectolitre.

2 The Minimum Milk Price Order (AR 52/2002) is repealed.

3 This Order comes into force on July 22, 2002.

------------------------------

Alberta Regulation 143/2002

Regional Health Authorities Act

REGIONAL HEALTH AUTHORITIES (MINISTERIAL)

AMENDMENT REGULATION

Filed: July 5, 2002

Made by the Minister of Health and Wellness (M.O. 32/2002) on June 25, 2002

pursuant to

section 24 of the Regional Health Authorities Act.

1 The Regional Health Authorities (Ministerial) Regulation (AR 17/95) is

amended by this Regulation.

2 The following is added after

section 2:

Additional information

2.1 A regional health authority shall provide to the Minister

within 30 days after the quarters ending on June 30, September 30 and

December 31 a report in the form and manner required by the Minister

containing

(

a) the financial performance information for that

quarter as specified by the Minister, and

(

b) the forecasted revenue and expenditures for the

remainder of the fiscal year.

Alberta Regulation 144/2002

Marketing of Agricultural Products Act

ALBERTA SOFT WHEAT PRODUCERS MARKETING

AMENDMENT REGULATION

Filed: July 9, 2002

Made by the Alberta Soft Wheat Producers Commission on February 15, 2002

pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Soft Wheat Producers Marketing Regulation (AR 34/99) is

amended by this Regulation.

Section 2 is amended by striking out "$0.50" and substituting "$1".

3 This Regulation comes into force on August 1, 2002.

------------------------------

Alberta Regulation 145/2002

Safety Codes Act

ELECTRICAL CODE REGULATION

Filed: July 11, 2002

Made by the Lieutenant Governor in Council (O.C. 329/2002) on July 10, 2002

pursuant to

section 65 of the Safety Codes Act.

Interpretation 1

Electrical systems equipment 2

Codes declared in force 3

Repeal 4

Coming into force 5

Interpretation

1(1) In this Regulation,

(a) "Act" means the Safety Codes Act;

(b) "certification body" means an organization accredited or

recognized by the Standards Council of Canada as a certification body.

(2) The

definitions in the Act and a Code declared in force by this

Regulation apply to the words used in this Regulation.

Electrical systems equipment

2(1) No person shall manufacture, install, sell or offer for sale any

equipment related to electrical systems for use in Alberta unless the

equipment has been

(

a) certified by a certification body, or

(

b) inspected, tested and accepted by a certification body, and the

equipment bears evidence of having been accepted in a manner authorized by

the certification body.

(2) Subsection (1) does not apply to electrical equipment used by

(

a) an electrical utility in the direct function of generating and

transmitting electric power to the point of connection to a consumer's

service, or

(

b) a communication utility in the direct function of providing

communication services up to the point of connection to a consumer's

communication system.

(3) If a code, standard or body of rules declared in force under the Act

with respect to electrical systems refers to approved equipment, that

equipment must meet the requirements of this section.

Codes declared in force

3(1) The following codes are declared in force in respect of electrical

systems:

(

a) the Canadian Electrical Code,

Part I, Nineteenth Edition,

C22.1-02;

(

b) the Code for Electrical Installations at Oil and Gas

Facilities, Second Edition, 2002, published by the Safety Codes Council;

(

c) the Alberta Electrical and Communication Utility Code, Second

Edition, 2002, published by the Safety Codes Council.

Repeal

4 The Electrical Code Regulation (AR 208/99) is repealed.

Coming into force

5 This Regulation comes into force on September 1, 2002.

Alberta Regulation 146/2002

Government Organization Act

HEALTH AND WELLNESS GRANTS REGULATION

Filed: July 11, 2002

Made by the Lieutenant Governor in Council (O.C. 335/2002) on July 10, 2002

pursuant to

section 13 of the Government Organization Act.

Definition 1

Grants authorization 2

Application 3

Delegation 4

Agreement 5

Payment 6

Written reports and examination of records 7

Purpose of grant 8

Return of grant money 9

Repeal 10

Expiry 11

Definition

1 In this Regulation, "Minister" means the Minister of Health and

Wellness.

Grants authorization

2 The Minister may make grants to a person or organization for any

purpose related to any program, service or other matter under the

administration of the Minister.

Application

3 An application for a grant must be made in the manner and form

satisfactory to the Minister.

Delegation

4 The Minister is authorized to delegate in writing any function, duty or

power under this Regulation to any employee of the Government.

Agreement

5 The Minister is authorized to enter into agreements with respect to any

matter relating to the payment of a grant.

Payment

6 The Minister may provide for the payment of any grant in a lump sum or

by way of instalments and may determine the time or times at which the

grant is to be paid.

Written reports and examination of records

7(1) The Minister may at any time require the recipient of a grant to

provide a written report, in a form satisfactory to the Minister, on the

work and activity in respect of which the grant was made, including any

information required by the Minister relating to the expenditure of the

grant.

(2) The recipient of a grant must permit a representative of the Minister,

the Auditor General or both to examine the books or records pertaining to

the grant that the Minister or Auditor General considers necessary to

determine whether the grant has been properly expended.

Purpose of grant

8 The recipient of a grant may use the money only

(

a) in accordance with the conditions, if any, on which the grant

is made, or

(

b) if the original conditions on which the grant is made are

varied with the consent of the Minister, in accordance with the conditions

as varied.

Return of grant money

9(1) If the recipient of a grant does not use all of the money, the

Minister may require the recipient to refund the surplus money to the

Minister of Finance.

(2) The Minister may require the recipient of a grant to repay all or part

of the money to the Minister of Finance if the recipient does not comply

with any of the conditions of the grant or does not use the money as

required under this Regulation.

Repeal

10 The Health Grants Regulation (AR 269/89) is repealed.

Expiry

11 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on July 31, 2012.

Alberta Regulation 147/2002

Dairy Industry Act

DAIRY INDUSTRY AMENDMENT REGULATION

Filed: July 11, 2002

Made by the Lieutenant Governor in Council (O.C. 337/2002) on July 10, 2002

pursuant to

section 39 of the Dairy Industry Act.

1 The Dairy Industry Regulation (AR 139/99) is amended by this

Regulation.

Section 1(1) is amended

(

a) by adding the following after clause (a):

(a.1) "approved method" means a standard method or a test

specified by the Director, if in the opinion of the Director that test

provides equivalent or greater food safety than that provided by a standard

method;

(

b) by adding the following after clause (h):

(h.1) "inhibitor" means any antibiotic, drug residue or

other foreign chemical substance in a dairy product whose presence in the

dairy product is confirmed as a positive result using an approved method;

(

c) by repealing clause (

l) and substituting the following:

(l) "standard method" means the microbiological,

chemical, physical and compositional methods of analysis as approved by

Health Canada or those methods described in the most recent Standard

Methods for the Examination of Dairy Products published by the American

Public Health Association or the Official Methods of Analysis published by

the Association of Official Analytical Chemists, as amended or replaced

from time to time;

Section 2 is amended by adding the following after clause (b):

(

c) producer of milk produced by a species other than Bos taurus;

(

d) processor of milk produced by a species other than Bos taurus;

(

e) a producer or processor of milk produced by the species Bos

taurus if the producer or processor is exempt from the Alberta Milk Plan

Regulation.

Section 4 is renumbered as

section 4(1) and the following is added

after subsection (1):

(2) A licence issued under this Regulation may not apply to more

than one dairy farm or dairy plant.

Section 5 is amended by striking out "an earlier" and substituting "a

different".

Section 25 is amended

(

a) in subsection (2)(

a) by striking out "the Dairy Control Board

on the recommendation of";

(

b) by adding the following after subsection (2):

(3) The Director may notify the producer using the bulk milk tank

and Alberta Milk of an approval under subsection (2)(a).

Section 40 is amended

(

a) in subsection (2)

(

i) in clauses (

a) and (

b) by adding ", has been

ordered by an inspector under

section 14 of the Act to cease supplying milk

or has been ordered by an inspector under

section 18 of the Act to not sell

or supply a shipment of milk," after "11 of the Act";

(ii) in clause (

c) by striking out "Dairy Board" and

substituting "Alberta Milk or by the Director";

(

b) in subsection (3)(

e) by striking out "processor, the Director

and the Dairy Board" and substituting "Director".

Section 43 is amended by striking out "or down-graded".

Section 44(2) is amended by striking out "dairy plant" and substituting

"processor".

Section 46 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) An approved method carried out in a manner satisfactory to the

Director must be used to test milk and farm-separated cream to determine

compliance with this Regulation.

(

b) in subsection (3)

(

i) by repealing clause (

a) and substituting the

following:

(

a) an analyst who tests a dairy product by

microbiological, chemical, physical or compositional analysis must

(

i) conduct the test at an

approved laboratory in accordance with an approved method carried out in a

manner satisfactory to the Director, and

(ii) report the results in

accordance with the method used to the persons required by this Regulation

or the Director,

and

(ii) in clause (

b) by striking out "the standard

methods" and substituting "an approved method".

11 The heading before

section 47 is repealed.

Section 47(1) is amended by striking out "grade" and substituting

"food safety".

13 Sections 48 and 49 are repealed.

Section 50 is amended

(

a) by repealing subsections (1) to (4);

(

b) by repealing subsection (5) and substituting the following:

(5) If a sample of a producer's milk does not meet the requirements

Schedule 2 with respect to inhibitors and drug residues,

(

a) the producer shall not sell, supply or offer for

sale milk to be used or processed for human consumption, and

(

b) a processor shall not accept milk from the producer

until the milk meets the requirements of

Schedule 2 with respect to

inhibitors and drug residues.

(

c) in subsection (8) by striking out "tests" and substituting

"approved method".

Section 52 is repealed and the following is substituted:

Freezing point ramifications

52 If a producer's milk is found to have a freezing point of

-0.514ø Hortvet or higher, the producer shall not sell, supply or offer for

sale, milk to be used or processed for human consumption until a subsequent

sample from the producer's bulk milk tank is tested and found to be in

compliance with

Schedule 2 or the producer is authorized by an inspector to

sell, supply or offer for sale, milk.

Section 54 is repealed and the following is substituted:

Method to test dairy products

54 An analyst in an approved laboratory must use an approved method

but, if the Director specifies that a particular approved method be used,

the analyst must use the specified approved method.

Section 55 is amended by striking out "Act, this Regulation and the

Dairy Board Act" and substituting "Act and this Regulation".

Schedule 2 is amended in the 4th and 7th rows

(

a) in the 2nd column by striking out "Drug" and substituting

"Inhibitors and drug";

(

b) in the 3rd column

(

i) by striking out "Drug" and substituting "Inhibitor

and drug";

(ii) by striking out "tests approved by the National

Liaison Group on Milk Quality" and substituting "approved methods".

Section 82 is amended by striking out "July 31, 2004" and substituting

"January 31, 2007".

20 In the following provisions "Dairy Board Act" is struck and "Marketing

of Agricultural Products Act" is substituted:

section 1(2)(b);

section 40(3)(d).

21 Sections 3, 6, 7(a)(ii) and (b), 8, 11 to 14, 17 and 20 come into

force on the coming into force of the Dairy Industry Omnibus Act, 2002.

------------------------------

Alberta Regulation 148/2002

Dairy Industry Omnibus Act, 2002

ALBERTA MILK RECORDS TRANSFER REGULATION

Filed: July 11, 2002

Made by the Lieutenant Governor in Council (O.C. 338/2002) on July 10, 2002

pursuant to

section 1(12) of the Dairy Industry Omnibus Act, 2002.

Definitions

1(1) In this Regulation,

(a) "Central Milk Testing Laboratory" means the approved laboratory

under the Dairy Industry Act;

(b) "Dairy Board" means the Alberta Dairy Control Board;

Freedom of Information and Protection of Privacy Act;

(d) "record" means record as defined in the Freedom of Information

and Protection of Privacy Act.

(2) Words defined in the Alberta Milk Plan Regulation and the Alberta Milk

Marketing Regulation have the same meaning when used in this Regulation.

Transfer to Alberta Milk

2 The following records are transferred to Alberta Milk on the coming

into force of this Regulation:

(

a) Dairy Board and policy committee minutes, including the

agendas, minutes and background information of the Dairy Board and policy

committee meetings;

(

b) agreements that the Dairy Board entered into with federal and

provincial governments, provincial milk boards and Alberta agencies

involved with the dairy industry, including but not limited to the National

Milk Marketing Plan, the Western Milk Pooling Agreement and The

Comprehensive Agreement on Pooling of Milk Revenues;

(

c) agreements that the Dairy Board entered into related to goods

and services required by the Dairy Board in carrying out its powers and

duties;

(

d) Dairy Board orders and directives relating to production,

processing, supplying, transportation, distribution and sale of milk and

the Dairy Board orders and directives in effect on the coming into force of

this Regulation for excess milk prices, assessments, container sizes,

security requirements, class 1 conversion rates and milk hauling and

handling;

(

e) the Dairy Board quota system database that is used for quota

administration, and production information and contains personal

information about producers, the quota allotment, quota adjustments based

on quota purchases, sales and leases, milk delivery volumes, test results

from the Central Milk Testing Laboratory, value of the milk delivered and

deductions;

(

f) the electronic records and spreadsheets for the 2-year period

commencing August 1, 2000, except records that are subject to privilege or

are confidential to the Dairy Board or the Government;

(

g) despite clause (f), the Dairy Board pooling system electronic

database

(

i) that is used to calculate the value of the milk

received, under

section 47 of the Dairy Industry Regulation (AR 139/99),

and processed and the cost of meeting obligations to the Western Milk Pool,

Special Classes Pool, export activity, provincial average component tests,

class 1 utilization, producer payment and processor receivables, and

(ii) that is used for accounts receivable and payable,

verification audits at dairy plants.

Expiry

3 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on February 28, 2008.

Coming into force

4 This Regulation comes into force on the coming into force of the Dairy

Industry Omnibus Act, 2002.

Alberta Regulation 149/2002

Marketing of Agricultural Products Act

ALBERTA MILK RECORDS DISCLOSURE REGULATION

Filed: July 11, 2002

Made by the Lieutenant Governor in Council (O.C. 339/2002) on July 10, 2002

pursuant to sections 12 and 54 of the Marketing of Agricultural Products

Act.

Definitions

1(1) In this Regulation,

(a) "CDC" means the Canadian Dairy Commission;

(b) "Central Milk Testing Laboratory" means the approved laboratory

under the Dairy Industry Act;

created under the National Milk Marketing Plan;

(d) "Dairy Board" means the Alberta Dairy Control Board;

(e) "milk hauler" means the owner of a milk transport vehicle

subject to the Dairy Industry Act;

(f) "record" means a record as defined in the Freedom of

Information and Protection of Privacy Act that is in the custody or control

of the Alberta Dairy Control Board immediately before the coming into force

of this Regulation;

(g) "Secretariat" means the secretariat committee created under the

National Milk Marketing Plan.

(2) Words defined in the Alberta Milk Plan Regulation and the Alberta Milk

Marketing Regulation have the same meaning when used in this Regulation.

Disclosure authorized

2 On the coming into force of this Regulation, the information in the

following records may be disclosed to Alberta Milk for continuation of the

operation of programs and activities to be continued by Alberta Milk

pursuant to the Act and the Dairy Industry Omnibus Act, 2002:

(

a) minutes and correspondence between the provincial dairy

industry regulatory bodies of the 4 western provinces and the CDC relating

to formation and on-going operation of the Western Milk Pool pursuant to an

interprovincial agreement, including agendas, minutes and supporting

documentation of the Western Milk Pool Coordinating Committee, Technical

Committee and Audit Committee pursuant to the agreement;

(

b) processor licensing application and inspection, purchase and

use reports, audit results, assessment records, administrative

correspondence, including letters, notices of new directives issued by the

Dairy Board, production data, copy of processor license;

(

c) producer records created since January 1997 consisting of the

case files for all active and inactive producers containing license

applications, copies of licenses, inspections and reports, withdrawn notice

of appointment of power of attorney documents, producer name, address,

telephone number, Central Milk Testing numbers and CDC Registration

numbers;

(

d) notice of appointment of power of attorney records consisting

of the notice of appointment of attorney documents filed by the lending

institutions who have a financial interest in a producer's quota, including

the original numbered documents, the register of active and withdrawn

documents, the producer's name, address, bank name and address and

signatories for both parties;

(

e) letters to or from producers, processors, Central Milk Testing

Laboratory, CDC and quota brokers relating to producers, quota allocations

and quota transfers, quota exchange, year end adjustments, applications to

attorney documents, reconciliations, working papers, reports, Central Milk

Testing Laboratory reports of producer test results, processor reports of

producer deliveries, producer payment, producer assessments and pay

deductions, and producer information changes that are monthly summaries of

the changes to a producer's personal information;

(

f) working papers and final reports for the calculation of milk

utilization and prices to be paid to producers for milk delivered to

processors, processor reports of milk receipts and how the milk was used,

Class 1 sales of fluid milk and cream products, transportation costs for

milk transferred between processors, trucking compensation, reports of Milk

Grade and Price infractions, calculations done to determine Class 1

utilization, over-quota production, Western Milk Pooling obligations,

Special Classes Pooling activity, prices payable to producers, processor

liability to the provincial pool, monthly statistical reports summarizing

the results of pooling and the information used for verifying processor

reports and producer payment;

(

g) records from 1996 to 2000 of Alberta's participation in a

federal government Optional Export Program operated by the CDC and from

2000 to the coming into force of this Regulation related to contracted

export milk, of correspondence with the CDC relating to the creation and

administration of the programs, a register of producers who have consented

to the release of personal information to processors seeking contracted

export milk, processor reports, information about producers participating

in contracted export milk trade, the amount of milk producers commit to

supply, deliveries and utilization of contract export milk and general

correspondence relating to the program and current policies;

(

h) milk coordination records beginning on November 1, 2001

relating to transportation of milk from producers to processors and between

processors that is not in a producer, processor or milk hauler case file,

milk routes, rate schedules, plant capacity information, milk orders from

processors, dispatch reports, schedules, hauling claims, information from

other provinces on transportation systems and policies and statistical

analysis and reports;

(

i) records of milk haulers contracted to transport milk from dairy

farms to dairy plants, including the names, mailing addresses, contract

numbers, milk transportation capabilities, transportation routes, contracts

and any other information or correspondence specific to each hauler;

(

j) records related to producer payment, milk transportation

payment and processor receivables, including invoices and records required

to verify invoices and payment, related to equipment purchases and leases

transferred to Alberta Milk and monthly accounting transaction journals and

banking transactions;

(

k) CDC, CMSMC, Secretariat and any committees of the CDC records

of correspondence with the CDC, minutes and supporting reports, analysis,

discussion papers and studies, for the agenda items of the CMSMC

Secretariat and other CDC committees.

Expiry

3 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on February 28, 2008.

Coming into force

4 This Regulation comes into force on the coming into force of the Dairy

Industry Omnibus Act, 2002.

Alberta Regulation 150/2002

Marketing of Agricultural Products Act

ALBERTA MILK PLAN REGULATION

Filed: July 11, 2002

Made by the Lieutenant Governor in Council (O.C. 340/2002) on July 10, 2002

pursuant to sections 12, 17 and 54 of the Marketing of Agricultural

Products Act.

Definitions 1

Designation 2

Part 1

General Operation of Plan

Division 1

Plan

Establishment of plan 3

Termination of plan 4

Application of the plan 5

Purposes of the plan 6

Division 2

Responsibilities of Alberta Milk

Creates Alberta Milk 7

Responsibilities 8

Regulations to operate the plan 9

Financing the plan 10

Remuneration 11

Appointment of auditor 12

Authority from a Canada Act 13

Funds established 14

Part 2

Governance of Plan

Division 1

Licensed Producers

Licensed producers, directors and delegates 15

Eligibility 16

Producers who are not individuals 17

Division 2

Regions, Delegates and Region Committees

Regions 18

Region delegates 19

Region committees 20

Region committee meetings 21

Quorum re region committee meetings 22

Qualifications re delegates 23

Election of delegates 24

Terms of office of delegates 25

Non-eligibility 26

Vacancy re delegates 27

Functions of delegates 28

Division 3

Region Meetings

Annual region meeting 29

Special region meeting 30

Financing of general region meetings 31

Calling of general and special region meetings 32

Quorum re general region meeting 33

Division 4

Directors

Directors 34

Responsibility of directors 35

Election of region directors 36

Election of directors at large 37

Qualifications re director 38

Function of directors 39

Division 5

Executive

Chair, vice-chair, etc. 40

Director's meetings 41

Quorum re director's meetings 42

Term of office of director 43

Vacancy re directors 44

Division 6

Alberta Milk Meetings

Annual meetings 45

Notification of meetings 46

Quorum at annual and special meetings 47

Part 3

Voting and Elections

Division 1

Voting by Licensed Producers

Voting 48

Voting in regions 49

Voters' list 50

Nominations 51

Name must be on current list of licensed producers 52

Eligibility to vote re delegates and directors 53

Eligibility to vote re licensed producers 54

Insufficient attendance for an election 55

Tie vote 56

Division 2

Returning Officer

Returning officer 57

Division 3

Controverted Elections

Controverted elections 58

Part 4

Transitional Provisions, Review

and Coming into Force

Transitional provisions 59, 60

Review 61

Coming into force 62

Schedule

Definitions

1 In this plan,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "agricultural product" means agricultural product as designated

section 2;

section

(d) "annual meeting" means an annual general meeting of the

directors and delegates;

(e) "communal living group" means a community of not fewer than 50

individuals in which

(

i) the members live and work together in an

agricultural enterprise,

(ii) a member is not permitted to own property in the

member's own right, and

(iii) the members devote their working lives to the

activities of the communal group;

(f) "contracted export milk" means milk delivered pursuant to an

agreement between a producer and a processor or other person, where that

milk and the dairy products made from that milk are exported from Canada by

that processor or other person in accordance with the agreement;

(g) "Council" means the Alberta Agricultural Products Marketing

Council;

(h) "dairy animal" means a female animal of the Bos taurus species

kept for the purposes of milking;

(i) "dairy farm" means a premises where one or more dairy animals

are kept and from which a part or all of the milk is sold, offered for sale

or supplied for human consumption, and includes all buildings and land

occupied or used in connection with the production of milk;

(j) "dairy product" means

(

i) milk,

(ii) a product of milk that contains no oil or fat other

than that of milk and contains a minimum of 50% milk ingredients by weight,

(iii) a product of milk that is prescribed by a standard

for dairy products in the regulations under the Canada Agricultural

Products Act (Canada), and

(iv) milk products;

(k) "delegate" means a person elected or appointed as a delegate,

under

Part 2, to represent a district or region;

(l) "director" means a director of Alberta Milk, whether elected as

a director from a region or at large;

(m) "farm-separated cream" means the fatty liquid separated from

raw milk on a dairy farm;

(n) "licensed producer" means a person who holds a producer licence

issued by Alberta Milk;

(o) "marketing" means buying, owning, selling, offering for sale,

storing, grading, assembling, packing, transporting, advertising or

financing, distributing, reselling and pricing;

(p) "milk" means the normal lacteal secretion from a dairy animal;

(q) "milk product" means processed milk in the form of standard

milk, homogenized milk, 2% partly skimmed milk, 1% partly skimmed milk,

skim milk, chocolate partly skimmed 2% milk, chocolate partly skimmed 1%

milk, chocolate milk, flavoured milk, buttermilk, 6% cream, 10% cream, 18%

cream, whipping cream, heavy cream, eggnog or any other processed milk

product;

(r) "minimum price" means the price to be paid for regulated

product, subject to any deduction or adjustments authorized under the Act,

the Dairy Industry Act or the regulations under either Act;

(s) "person" means a person as defined in the

Interpretation Act

and includes

(

i) a corporation and the heirs, executors,

administrators or other legal representatives of a person,

(ii) a partnership as defined in the Partnership Act,

(iii) an unincorporated organization that is not a

partnership referred to in subclause (ii), and

(iv) any group of individuals who are carrying on an

activity for a common purpose and are neither a partnership referred to in

subclause (ii) nor an unincorporated organization referred to in subclause

(iii);

(t) "plan" means the Alberta Milk Plan that is established under

section 3;

(u) "processing" means

(

i) with respect to milk, to pasteurize, homogenize or

treat milk so that the milk's form or composition is altered in any manner,

and includes the cleaning and sanitizing of any surface, including the

surface of equipment that comes into contact with the milk while it is

being pasteurized, homogenized, packaged or treated, and

(ii) with respect to dairy products other than milk, to

manufacture, modify, pasteurize, prepare, reconstitute, package or store

dairy products, and includes the cleaning and sanitizing of any surface,

including the surface of equipment that comes into contact with the dairy

product while it is being manufactured, modified, pasteurized, prepared,

reconstituted, packaged or stored;

(v) "processor" means any person who processes for sale, 50 litres

or more of milk or dairy products on any day, but does not include a retail

establishment that operates or uses a freezing device to freeze a frozen

dairy product mix;

(w) "producer" means a person who sells or supplies for sale the

regulated product that has been produced by one or more dairy animals owned

or controlled by that person;

(x) "quota" means the privilege allocated by Alberta Milk to a

producer to market regulated product.

(y) "raw milk" means milk and farm-separated cream that comes from

a dairy farm and has not been pasteurized within the meaning of the Dairy

Industry Act;

(z) "regulated product" means raw milk and farm separated cream;

(aa) "special meeting" means a special general meeting of the

directors and of the delegates.

(bb) "sub-class 1a milk" means sub-class 1a milk, other than

contracted export milk, within the meaning of the Alberta Milk Marketing

Regulation;

Designation

2 Raw milk, farm-separated cream and dairy products are designated as an

agricultural product for the purposes of the Act.

PART 1 GENERAL OPERATION OF PLAN

Division 1

Plan

Establishment of plan

3 The Alberta Milk Plan is hereby established.

Termination of plan

4 The plan does not terminate at the conclusion of a specific period of

time and must remain in force unless otherwise terminated pursuant to the

Act.

Application of the plan

5(1) The plan applies

(

a) to all of Alberta,

(

b) to all persons who produce or market the regulated product,

(

c) for the purposes of

section 9(1)(b), (c), (d), (e), (g), (

j) and (

l) and 9(2)(c), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s),

(t), (u), (v), (w), (

x) and (y), to processors, and

(

d) for purposes of

section 9(1) and (2)(c), (e), (g), (i), (n),

(p), (q), (t), (

v) and (y), to contracted export milk.

(2) Despite subsection (1), a person who has not been allocated a quota

under the plan is exempt from the plan if

(

a) the person produces less than 50 litres per day of regulated

product,

(

b) the person ordinarily resides on the same parcel of land on

which the production facilities where the regulated product is produced are

located, and

(

c) not more than 50 litres per day of the regulated product is

produced on the land where the production facilities are located.

(3) Despite subsection (1), the production and marketing of contracted

export milk is exempt from

(

a) quota provisions,

(

b) levies, and

(

c) service charges under

section 10(2)(

a) and (b).

(4) Despite anything in this plan, the Alberta Energy and Utilities Board

may prescribe for sub-class 1a milk the minimum price that is to be paid by

processors.

Purposes of the plan

6 The purpose of the plan is

(

a) to provide for the effective control and regulation of the

production and marketing of the agricultural product and to initiate and

carry out programs to commence, stimulate, increase or improve the

production or marketing, or both, of the agricultural product,

(

b) without limiting the generality of clause (a), to accomplish

the following:

(

i) to fix and allot quotas for the production and

marketing of the regulated product,

(ii) to maintain a fair and stabilized price for the

regulated product,

(iii) to establish and maintain pools for the

distribution of all money payable to producers from the sale of the

regulated product,

(iv) to develop and maintain the orderly marketing of

the regulated product,

(

v) to provide a consistent supply of high quality

regulated product for the market,

(vi) to promote the regulated product and agricultural

product,

(vii) to fund research in connection with the regulated

product and agricultural product,

(viii) to fund education in connection with the

regulated product and agricultural product, and

(ix) to work with marketing boards and organizations

having similar objectives,

and

(

c) to regulate contracted export milk only to the extent necessary

to protect the integrity of and the orderly marketing of, the domestic

market, quality control and food safety.

Division 2

Responsibilities of Alberta Milk

Creates Alberta Milk

7(1) A board with the name "Alberta Milk" is hereby established consisting

of the directors elected or appointed in accordance with this Regulation.

(2) Alberta Milk must operate pursuant to the plan.

Responsibil-ities

8 Alberta Milk without limiting the generality of

section 16 of the

Interpretation Act

(

a) is, subject to the Act, responsible for the operation,

regulation, supervision and enforcement of the plan;

(

b) may appoint officers and agents, prescribe their duties and fix

and provide for their remuneration;

(

c) must open one or more bank accounts and designate any officers,

employees and other persons necessary to

(

i) sign cheques and other negotiable instruments,

(ii) transact the business of Alberta Milk with its

bank, trust corporation, credit union, treasury branch or other depository,

and

(iii) generally do all things incidental to or in

connection with the transaction of the business of Alberta Milk with its

bank, trust corporation, credit union, treasury branch or other depository;

(

d) must maintain books and records, including financial records

that are required to be kept pursuant to the Act that relate to the Alberta

Milk, regulated product or agricultural product;

(

e) must maintain an office and notify each licensed producer,

licensed processor and the Council of the location of the office;

(

f) subject to the Act, may issue administrative orders and

directions governing the internal operations of Alberta Milk;

(

g) may become a member of and may contribute funds to, any

organization that promotes the interest of the industry.

Regulations to operate the plan

9(1) For the purposes of enabling Alberta Milk to operate the plan,

Alberta Milk may be empowered by the Council, pursuant to

section 26 of the

Act, to make regulations

(

a) requiring producers engaged in the production or marketing, or

both, of the regulated product to register their names and addresses with

Alberta Milk;

(

b) requiring any person who produces, markets or processes the

regulated product to furnish to Alberta Milk any information or record

relating to the production, marketing or processing of the regulated

product that Alberta Milk considers necessary;

(

c) requiring persons to be licensed under the plan before they

become engaged in the production, marketing or processing, or any one or

more of those functions, of the regulated product;

(

d) prohibiting persons from engaging in the production, marketing

or processing of the regulated product except under the authority of a

licence;

(

e) governing the issuance, suspension or cancellation of a

licence;

(

f) providing for

(

i) the assessment, charging and collection of service

charges, levies and licence fees from producers for the purposes of the

plan, and

(ii) the taking of legal action to enforce payment of

the service charges, levies and licence fees;

(

g) requiring any person who receives any regulated product from a

producer

(

i) to deduct from the money payable to the producer

any service charges, licence fees or levies payable by the producer to

Alberta Milk, and

(ii) to forward the amount deducted to Alberta Milk;

(

h) providing for the use of any class of service charges, licence

fees, levies or other money payable to or received by Alberta Milk for the

purpose of paying its expenses and administering the plan and the

regulations made by Alberta Milk;

(

i) providing for the payment to a Canada Board of money that is

payable under a Canada Act;

(

j) requiring persons who produce, market or process a regulated

product to mark the containers of their products to show the place of

origin or place of production to the satisfaction of Alberta Milk;

(

k) permitting Alberta Milk to exercise any one or more of the

powers that are vested in a cooperative association under the Co-operative

Associations Act and under the Cooperatives Act;

(

l) providing for classifying producers, processors and others into

groups for the purposes of the plan.

(2) For the purposes of enabling Alberta Milk to operate this plan,

Alberta Milk may be empowered by the Council, pursuant to

section 27(1) of

the Act, to make regulations

(

a) requiring that the production or marketing, or both, of the

regulated product be conducted pursuant to a quota;

(

b) governing

(

i) the fixing and allotting of quotas,

(ii) the increase or reduction of quotas,

(iii) the cancelling of quotas, and

(iv) the refusal to fix and allot quotas

to producers for the production or marketing, or both, of the

regulated product on any basis that Alberta Milk considers appropriate;

(

c) respecting the regulation of the supply of a regulated product

by producers to processors, including but not restricted to the

transportation, delivery and supply of the regulated product to processors,

entitlement of processors to the regulated product and transferring of the

regulated product among processors;

(

d) governing the transferability or non-transferability of quotas

and prescribing the conditions and procedures applicable to the transfer of

quotas, if any, that Alberta Milk considers appropriate;

(

e) establishing

(

i) a formula for determining the volume, weight,

components, contents, amount or number of regulated product deemed to have

been produced or marketed by a producer, and

(ii) the period of time in respect of which the formula

is to be applied,

for the purpose of determining the amount of regulated product

produced or marketed by a producer during a period of time;

(

f) requiring any person who provides any agricultural product to a

producer under the plan to furnish to Alberta Milk any information

requested by Alberta Milk;

(

g) determining the quantity, weight and volume of each class,

variety, size, grade, components and contents of the regulated product that

shall be produced or marketed, or both, by each producer;

(

h) requiring a producer who produces the regulated product to

market the regulated product through Alberta Milk or through a designated

agency;

(

i) directing, controlling or prohibiting the production or

marketing, or both, of the regulated product or any class, variety, size,

grade or kind of the regulated product in a manner that Alberta Milk

considers appropriate;

(

j) regulating and controlling the production or marketing, or

both, of the regulated product, including the times and places at which the

regulated product may be produced or marketed;

(

k) determining from time to time the minimum price or prices that

shall be paid to producers for the regulated product or any class, variety,

size, grade, volume, weight, components, contents or kind of the regulated

product and determining different prices for different parts of Alberta;

(

l) governing the priority of use for the regulated product or any

class, variety, size, grade, volume, weight or kind of the regulated

product;

(

m) requiring that the money payable or owing to a producer for the

regulated product be paid to or through Alberta Milk;

(

n) providing for the payment to a producer of the money payable or

owing for the regulated product, less any service charges and levies owing

to Alberta Milk by the producer, and fixing the time or times at which or

within which the payments must be made;

(

o) respecting the amount, manner and time of payments to producers

by processors and requiring the making of statements and other documents

accompanying payments and respecting the information to be contained in

the statements and other documents;

(

p) respecting the payment to the producer of the money payable or

owing for the regulated product, less the cost of any inspection, grading

or testing costs and other costs required to ensure proper operation of the

plan;

(

q) providing

(

i) for the operation of one or more pools for the

distribution of all money payable to the producers from the sale of the

regulated product,

(ii) for the deduction of reasonable and proper

disbursements and expenses with respect to the operation of the pool, and

(iii) for the deduction of service charges and levies,

including but not restricted to inspection costs, transportation, testing

and grading costs and other costs required to ensure the proper operation

of the plan;

(

r) providing for the collection from any person by legal action of

money owing to a producer for the regulated product;

(

s) governing

(

i) the furnishing of security or proof of financial

responsibility by any person engaged in the production, marketing or

processing of the regulated product, and

(ii) the administration and disposition of any money or

securities so furnished;

(

t) establishing grades for a regulated product, respecting the

grading of the regulated product and providing for deductions from the

price based on grade, and providing for netting out, in conjunction with

pools, all amounts payable among producers, processors and Alberta Milk;

(

u) respecting the use of a regulated product based on the class,

weight or volume available of the regulated product;

(

v) requiring purchasers of a regulated product and processors of

the regulated product and agricultural products to provide information in a

form acceptable to Alberta Milk respecting the source, weight and volume of

the regulated product and of the agricultural products used to process and

produce additional agricultural products and the class, volume, contents,

components, weight and amount of those agricultural products and providing

for the assessment, charging and collection of service charges respecting

the verification of the information;

(

w) prohibiting any person from marketing or processing any of the

regulated product that has not been sold by or through Alberta Milk or

designated agency;

market the regulated product in excess of the quota fixed and allocated to

the person;

(

y) permitting or prohibiting the transfer of the regulated product

from one producer to another and permitting or prohibiting the transfer of

the regulated product from one processor to another.

(3) If an agricultural product is not a regulated product under the plan

but is instrumental with respect to the production or marketing of the

regulated product, the Council may, with the approval of the Minister,

authorize Alberta Milk to make regulations

(

a) governing that agricultural product as if it were a regulated

product under the plan;

(

b) governing, with respect to that agricultural product, the

producers of the regulated product under the plan as if it were a regulated

product under the plan;

(

c) establishing and governing a formula for determining the amount

or number of a regulated product produced or deemed to have been produced

from that agricultural product.

(4) If Alberta Milk makes regulations under subsection (3), those

regulations apply with respect to the agricultural product only

(

a) while that agricultural product is in the possession or under

the control of the producer of the regulated product, or

(

b) while payment with respect to the regulated product is owing to

the producer, processor or Alberta Milk for that agricultural product or

verification of end use of the agricultural product is required to finalize

transactions between the producer, processor and Alberta Milk.

(5) If an agricultural product is not a regulated product under the plan

but is used to produce an agricultural product, the Council may, with the

approval of the Minister authorize Alberta Milk to make regulations

(

a) governing, with respect to that agricultural product, the

producers and processors of the regulated product under the plan in the

same manner as if the agricultural product were the regulated product under

the plan;

(

b) establishing and governing a formula for determining the size,

volume, weight, components or number of agricultural product produced or

deemed to have been produced from the size, volume, weight, components or

number of the regulated product.

(6) If Alberta Milk makes regulations under subsection (5), those

regulations apply with respect to the agricultural product only while the

agricultural product is owned or controlled by a processor or while payment

with respect to the regulated product is still owing to a producer,

processor or Alberta Milk or if verification of the ultimate use of the

regulated product is required to determine money owing to a producer,

processor or Alberta Milk in respect of the regulated product.

Financing the plan

10(1) In accordance with the regulations this plan must be financed by the

charging and collection of service charges, licence fees and levies.

(2) Service charge revenue must be accounted for in at least the following

3 categories:

(

a) marketing and nutrition education;

(

b) research;

(

c) administration for the proper administration of the plan.

(3) Subject to subsection (4), Alberta Milk may change the amount of a

service charge.

(4) A change to a service charge respecting marketing and nutrition

education and research is not effective until the change has been approved

by a vote of the majority of licensed producers throughout Alberta.

(5) A vote under subsection (4) must be held in each region at an annual

or special region meeting.

Remuneration

11 The remuneration to be paid to the directors and delegates must be

fixed by a vote of the directors and delegates at an annual meeting or

special meeting.

Appointment of auditor

12(1) The delegates must appoint an auditor for Alberta Milk.

(2) The appointment of an auditor must be made at an annual meeting or a

special meeting.

Authority from a Canada Act

13 Alberta Milk is empowered to accept and exercise any power and

authority delegated to it by or pursuant to the Canadian Dairy Commission

Act (Canada), the Agricultural Products Marketing Act (Canada) and the Farm

Products Agencies Act (Canada).

Funds established

14(1) Alberta Milk may establish one or more funds under

section 34 or 35

of the Act.

(2) In order to finance the funds, Alberta Milk may raise amounts in

accordance with

section 34 and 35 of the Act.

PART 2 GOVERNANCE OF PLAN

Division 1

Licensed Producers

Licensed producers, directors and delegates

15 In accordance with this plan, a licensed producer is entitled, as a

matter of right,

(

a) to attend annual region meetings and special region meetings;

(

b) to attend annual meetings and special meetings;

(

c) to make representations and to present resolutions on any

matter pertaining to this plan, Alberta Milk and the directors;

(

d) to vote in an election for delegates within the licensed

producer's district;

(

e) if elected as a delegate, to vote in an election for that

region's region director;

(

f) if elected as a delegate, to vote in an election for directors

at large;

(

g) if elected, to hold office as a delegate or director;

(

h) to vote in any plebiscites of producers held under the Act.

Eligibility

16 In order to be elected to serve as a delegate or a director a person

must be elected or appointed under this Part, and

(

a) if the delegate or director is an individual, the delegate or

director must be

(

i) a licensed producer,

(ii) allocated quota by Alberta Milk, and

(iii) at least 18 years old,

(

b) if the delegate or director is not an individual, the delegate

or director must be

(

i) an officer of a company that is a licensed producer

and allocated quota by Alberta Milk,

(ii) a partner in a partnership that is a licensed

producer and allocated quota by Alberta Milk,

(iii) an officer of a company that is a partner in a

partnership that is a licensed producer and allocated quota by Alberta

Milk,

(iv) a co-venturer in a joint venture that is a licensed

producer and allocated quota by Alberta Milk,

(

v) an officer of a company that is a co-venturer in a

joint venture that is a licensed producer and allocated quota by Alberta

Milk, or

(vi) a designate of a communal living group that is a

licensed producer and allocated quota by Alberta Milk.

Producers who are not individuals

17(1) If a licensed producer is not an individual, that licensed producer

may, only in accordance with this section, exercise the rights of a

licensed producer referred to in

section 15.

(2) A licensed producer to which this

section applies must appoint an

individual to be the representative of the licensed producer.

(3) A representative appointed by a licensed producer under this

section

is, subject to this plan, to exercise on behalf of the licensed producer

the rights referred to in

section 15.

(4) If a licensed producer is

(

a) a corporation, it must appoint an individual who is a director,

shareholder, member, officer or employee of the corporation as its

representative,

(

b) a partnership, it must appoint an individual who is a partner

or employee of the partnership as its representative, or

(

c) an organization, other than a corporation or a partnership, it

must appoint an individual who is a member, officer or employee of the

organization as its representative.

(5) An appointment of a representative under this

section must be

(

a) in writing, and

(

b) filed with Alberta Milk.

(6) An individual who is the representative of a licensed producer shall

not cast a vote under this plan unless

(

a) the individual presents a document signed by the licensed

producer indicating the name of the person who may vote for the licensed

producer, or

(

b) subject to subsection (7), the individual makes a statutory

declaration in writing stating that

(

i) the individual is a representative of the licensed

producer, and

(ii) the individual has not previously voted in the

election or on the matter in respect of which the individual wishes to cast

a vote.

(7) A statutory declaration must be made in writing before the returning

officer or the deputy returning officer prior to the vote being cast.

(8) An individual cannot at any one time be a representative under this

section for more than one licensed producer.

(9) An individual who is appointed as a representative of a licensed

producer must not vote in an election or on any other matter or hold office

under this plan in the individual's own capacity as a licensed producer.

(10) A representative must not vote or hold office before the

representative's appointment is filed in accordance with subsection (5) or

the representative has complied with subsection (6).

Division 2

Regions, Delegates and Region Committees

Regions

18(1) For the purpose of this plan, Alberta is divided into 4 regions.

(2) The area included in each region is as set out in the

Schedule to this

plan.

(3) Each region is divided into 2 districts.

(4) Producers in each region are assigned to a district within the region

by Alberta Milk.

Region delegates

19(1) Each region is to be represented by delegates elected in accordance

with

section 24.

(2) The number of delegates to represent a region is 8.

Region committees

20(1) The delegates for a region and the directors for the region form the

region committee for that region.

(2) The chair of the region committee is to be elected by the region

committee.

Region committee meetings

21(1) Delegates must conduct region committee meetings

(

a) at the call of the chair of the region committee, or

(

b) at the request of Alberta Milk.

(2) Alberta Milk must pay the reasonable expenses of region committee

meetings.

Quorum re region committee meetings

22 The quorum for a region committee meeting is a majority of the

delegates within the region then holding office.

Qualifications re delegates

23 A delegate must

(

a) be a licensed producer,

(

b) carry on production of the regulated product in the region that

the delegate is elected to represent, and

(

c) carry on production of the regulated product in the district

that the delegate is assigned to by Alberta Milk.

Election of delegates

24(1) At the region's initial annual region meeting or meetings, the

licensed producers in each district are to elect 4 delegates to represent

the licensed producers assigned to that district.

(2) If no more than the required number of licensed producers have been

nominated to fill the required number of positions of delegates for a

district, the returning officer must declare the licensed producers

nominated as being elected by acclamation.

(3) If less than the required number of delegates for a district have been

declared elected by acclamation, the delegates in that district who have

been declared elected may appoint licensed producers, who are eligible to

be elected as delegates for that district, to the remaining delegate

positions and the licensed producers so appointed hold office as if

elected.

Terms of office of delegates

25(1) Each delegate is to be elected for a term of 3 years.

(2) The term of office of a delegate

(

a) commences on the conclusion of the annual region meeting at

which the delegate was elected, and

(

b) expires on the conclusion of the annual region meeting that

takes place in the year that the delegate's term of office is to expire.

Non-eligibility

26(1) A person is disqualified from acting as a director or delegate if

that person

(

a) is a dependent adult as defined in the Dependent Adults Act, or

is the subject of a certificate of incapacity under that Act;

(

b) is a formal patient as defined in the Mental Health Act;

(

c) has been found to be a person of unsound mind by a court

elsewhere than in Alberta;

(

d) has the status of a bankrupt;

(

e) is not a resident of Alberta;

(

f) ceases to be a licensed producer or a representative of a

licensed producer;

(

g) is absent for 3 consecutive meetings without the prior approval

of Alberta Milk;

(

h) has had that person's term of office expire;

(

i) ceases to be allocated quota;

(

j) resigns that person's office.

(2) Despite subsection (1), a director or delegate may remain in office

until a replacement is found.

Vacancy re delegates

27(1) If a delegate ceases to hold office before the expiry of that

delegate's term of office, the remaining delegates from that district may

appoint another licensed producer, who is eligible to be elected as a

delegate for that district, as a delegate to replace the delegate who

ceased to hold office.

(2) If a person is appointed as a delegate under subsection (1), that

person is to serve for the unexpired portion of that term of office.

Functions of delegates

28 In addition to what a licensed producer may do under the plan, a

delegate may

(

a) attend any annual meeting and any special meeting;

(

b) make representations and resolutions and may bring forward

resolutions from regional meetings on any matter pertaining to the plan or

the operation of Alberta Milk;

(

c) vote on each matter put to the question;

(

d) vote in any election for region director within the delegate's

region and vote in any election for a director at large;

(

e) be appointed by the directors to sit as a member of a committee

established by Alberta Milk;

(

f) be appointed by Alberta Milk to represent Alberta Milk on any

task force, committee, group or organization of which Alberta Milk is a

member.

Division 3

Region Meetings

Annual region meeting

29(1) Alberta Milk must, before the commencement of the annual meeting,

hold, in each region, an annual region meeting of the licensed producers

who carry on production of the regulated product within the region.

(2) At an annual region meeting the licensed producers in the region are

to be provided with

(

a) information with respect to Alberta Milk, and

(

b) an opportunity, when necessary, to conduct delegate elections

for each district in the region.

(3) More than one annual region meeting may take place in a region to

facilitate producer attendance.

(4) If more than one annual meeting is held pursuant to subsection (3),

the combination of the meetings held constitutes the annual regional

meeting.

Special region meetings

30 Alberta Milk must

(

a) hold a special region meeting of the licensed producers who

carry on production of the regulated product within the region on the

request of the region director or the region committee, or

(

b) hold a special region meeting on written request of 10 licensed

producers from within the region.

Financing of general region meetings

31 The annual region meetings and any special region meetings are to be

organized and financed by Alberta Milk.

Calling of general and special region meetings

32(1) The time, place and day of any annual region meeting and of any

special region meeting is to be set by Alberta Milk.

(2) Alberta Milk must publish a notice of any annual region meeting and of

any special region meeting

(

a) in the newsletter published by Alberta Milk,

(

b) in a newspaper having general circulation within the region, or

(

c) by direct mail, fax or any electronic means.

(3) Despite subsection (2), Alberta Milk may publish or otherwise

publicize notice of a meeting in any other manner that Alberta Milk

determines.

(4) A notice of a meeting must set forth the time, location, day and

purpose of the meeting.

Quorum re general region meeting

33(1) The quorum for an annual region meeting or a special region meeting

is not fewer than 10 of the licensed producers who carry on production of

the regulated product within the region in respect of which the meeting is

being conducted.

(2) Where more than one annual region meeting or special region meeting

takes place within a region for the same purpose, the quorum is the

combined attendance at the meetings.

Division 4

Directors

34 The board of directors of Alberta Milk consists of the following

members:

(a) 8 region directors elected under

section 36;

(b) 3 directors to be elected at large under

section 37.

Responsibility of the directors

35(1) The responsibilities of Alberta Milk, the authority delegated to

Alberta Milk by the Council and the direction, administration and

management of the work of Alberta Milk, its business and affairs, including

the control and management of all the assets owned, held and acquired by

Alberta Milk, are vested in the board of directors.

(2) The board of directors has the power to do all things necessary to

carry out the purpose of this plan and the responsibilities and authority

of Alberta Milk.

(3) The board of directors may authorize any person, entity or committee

to exercise any of the powers of the directors as set forth in this plan or

otherwise.

(4) If a person, entity or committee is authorized under subsection (3) to

exercise a power,

(

a) that person, entity or committee must report back to the

directors with respect to the exercise of that power, and

(

b) the directors must retain a supervisory function to oversee the

actions of that person, entity or committee in the exercise of that power.

Election of region directors

36(1) The election of directors to represent a region is to be carried out

by means of a vote conducted by the region committee following the

announcement of the results of the delegate election, but before the

commencement of the annual meeting.

(2) Each region must be represented by 2 region directors.

Election of directors at large

37(1) At the first annual meeting, the region delegates must elect from

among themselves 3 directors at large.

(2) If less than or only a sufficient number of region delegates have been

nominated to fill the required number of director at large positions, the

returning office must declare the region delegates nominated as being

elected by acclamation.

(3) If less than the required number of directors at large have been

declared elected by acclamation under subsection (2), the region directors

and the directors at large that have been elected must appoint a region

delegate to the remaining positions and the region delegate so appointed

must hold office as if elected.

(4) Following the first annual meeting, directors at large must be elected

according to the terms of office, removal, vacancy and transitional

provisions of this plan.

Qualifications re director

38(1) To be eligible for election as a director to represent a region, a

licensed producer must be an elected delegate and must carry on production

of the regulated product in that region.

(2) To be eligible for election as a director at large, a licensed

producer must be an elected delegate and must carry on production of the

regulated product in Alberta.

Functions of directors

39 In addition to any function that a region delegate may carry out under

this plan, a region director or director at large may

(

a) attend meetings of the board of directors;

(

b) at meetings of the board of directors

(

i) make representations and present resolutions and

motions on any matter pertaining to this plan or the operation of Alberta

Milk, and

(ii) vote on any matter under this plan;

(

c) vote at an election for the chair, vice-chair or executive

director of Alberta Milk;

(

d) hold office as the chair, vice-chair or executive director of

Alberta Milk;

(

e) be elected or appointed by the directors as the chair,

vice-chair, executive director or as a member of any committee established

by Alberta Milk;

(

f) be elected or appointed by the directors to represent Alberta

Milk on any task force, committee group or organization of which Alberta

Milk is a member.

Division 5

Executive

Chair, vice-chair, etc.

40(1) The first meeting of the board of directors must be held after the

region directors have been declared elected following the annual region

meeting and directors at large have been declared elected at the annual

meeting.

(2) At the first meeting of the board of directors, the region directors

and directors at large must elect from among themselves a chair, vice-chair

and executive director of Alberta Milk.

(3) If only one director, whether a region director or a director at

large, has been nominated for the position of chair, vice-chair or

executive director of Alberta Milk, the director so nominated is declared

elected by acclamation.

Directors' meetings

41 The board of directors may, at the call of the chair or of not fewer

than 3 directors, conduct meetings of the board of directors.

Quorum re directors' meetings

42(1) The quorum for a meeting of the board of directors is a majority of

the directors.

(2) In determining a quorum under subsection (1), a vacant director's

position on board of directors is not to be considered.

Term of office of director

43(1) Each director is elected for a term of 3 years.

(2) Subject to subsection (3), the term of office of a director

(

a) in the case of a director at large,

(

i) commences on the conclusion of the annual meeting

that takes place at which the director was declared elected, and

(ii) expires on the conclusion of the annual meeting

that takes place in the year that the director's term of office is to

expire;

(

b) in the case of a director to represent a region,

(

i) commences on the conclusion of the annual region

meeting at which the director was elected, and

(ii) expires on the conclusion of the annual region

meeting that takes place in the year that the director's term of office is

to expire.

(3) The term of office of a director expires if the director ceases to be

a delegate.

(4) A licensed producer may not serve for more than 2 consecutive 3-year

terms as a director.

(5) If a licensed producer serves for 2 consecutive terms as a director,

that licensed producer is not eligible to serve again as a director until

one year has expired following the expiry of that licensed producer's last

term of office as a director.

(6) Despite subsections (4) and (5), with the approval of the Council and

the producers, a member of the board of directors may be permitted to serve

as a member of board of directors for one additional 3-year term in order

to enable Alberta Milk to fulfill commitments to a national marketing board

or organization having similar objectives.

(7) A director serving an additional term under subsection (6) is not

eligible to serve as a director until 3 years has expired following the

expiry of that licensed producer's additional term as a director.

Vacancy re directors

44(1) If a vacancy occurs on the board of directors, the board of

directors may, with the approval of the Council, appoint another delegate

who is eligible to be elected as a director to fill that vacancy.

(2) If a person is appointed as a director under subsection (1), that

person is to serve for the unexpired portion of the term.

(3) If a person is appointed under this section, a term of less than 18

months is not considered a term under

section 43. Division 6

Alberta Milk Meetings

Annual meetings

45(1) Alberta Milk must hold an annual meeting at least once in each

calendar year.

(2) Not more that 16 months may elapse between annual meetings.

(3) A special meeting of Alberta Milk

(

a) may be called by the board of directors at any time, and

(

b) must be called by the board of directors on the written request

of the Council or of 10 or more delegates.

(4) The time and place of an annual meeting or a special meeting must be

fixed by the board of directors.

Notification of Board meetings

46(1) If an annual meeting or a special meeting is to be held, Alberta

Milk must in writing notify each licensed producer of the meeting by

forwarding the notice by ordinary mail to the licensed producer at the

latest address for the licensed producer that is on the records of Alberta

Milk.

(2) A notice given under this

section

(

a) must be forwarded to the licensed producer at least 14 days

before the meeting is to take place, and

(

b) must set out

(

i) the time, place, date and purpose of the meeting,

and

(ii) any other information as determined by Alberta

Milk.

Quorum at annual and special meetings

47 The quorum necessary under this plan in the case of an annual meeting

or special meeting is 20 persons who are delegates and directors.

PART 3 VOTING AND ELECTIONS

Division 1

Voting by Licensed Producers

Voting

48(1) A licensed producer who is eligible to vote may

(

a) vote once on each matter, and

(

b) in the case of an election of district delegates, vote for any

number of candidates not exceeding the number of members to be elected at

that meeting for the district in which the producer is eligible to vote,

despite that the licensed producer may manage or operate or own, lease or

hold equity in 2 or more operations that are licensed separately with

Alberta Milk.

(2) A licensed producer is entitled to vote in any election for a district

delegate where the licensed producer

(

a) resides within the district that the delegate is to represent,

and

(

b) has not voted at a previous local meeting within the district

during the current election.

(3) Despite subsection (2), if a licensed producer

(

a) does not reside within the district or region in which the

producer wishes to vote for a delegate or director, but

(

b) resides in any district or region that is adjacent to the

region in which the licensed producer wishes to vote,

the licensed producer may apply in writing to Alberta Milk, not less than

10 days prior to the day of the election in which the licensed producer

desires to cast a ballot, to be registered for the purposes of voting in

that adjacent district or region.

(4) On receipt of the written approval of Alberta Milk of an application

made under subsection (3), the licensed producer is, subject to subsection

(5), eligible

(

a) to vote in the adjacent district or region in any election held

subsequent to the approval being received by the licensed producer, and

(

b) during the time that the licensed producer is eligible to vote

in that adjacent district or region, to nominate persons to hold office and

to hold office as a region director or delegate to represent the licensed

producers in that adjacent district or region in the same manner and under

the same conditions as if that licensed producer resided in that adjacent

district or region.

(5) If a licensed producer has received approval pursuant to subsection

(4) to vote in a district or region in which the licensed producer does not

reside, the licensed producer may, for a future election apply in writing

to change to the district or region in which the licensed producer resides,

but the licensed producer is not entitled to vote in the district or region

in which the licensed producer resides for the election immediately

following change in status of the licensed producer.

(6) If a licensed producer has received approval pursuant to subsection

(4) to vote in an adjacent region, Alberta Milk must assign that producer

to a district within that region.

Voting in regions

49(1) Voting for the delegates must occur at each region annual meeting

and must be by secret ballot.

(2) At each region annual meeting where a delegate election is to take

place, each licensed producer must receive one delegate ballot for the

district in which the producer is eligible to vote.

(3) There must be only one ballot issued per licence.

(4) No licensed producer is entitled to more than one ballot, even though

the licensed producer may have been issued more than one licence.

(5) No licensed producer is entitled to vote in more than one district or

region, even though that licensed producer may have been issued more than

one licence.

(6) If the licensed producer is not an individual and the licensed

producer's representative has been appointed under

section 17, the

representative is entitled to vote on behalf of the licensed producer.

Voters list

50(1) If a delegate election is to be conducted, the returning officer

must prepare, not less than 30 days before the election is to be held, a

list of the licensed producers who are eligible to vote in the delegate

election.

(2) The voter's list must be available to any person for inspection

before, during and after a delegate election.

Nominations

51(1) Nominations for candidates for election as delegates at region

meetings must

(

a) be signed by at least 2 licensed producers who carry on

production of the regulated product in that district or region and by the

nominee, and

(

b) be delivered to the returning officer before the beginning of

the meeting at which the election is to be held.

(2) Despite subsection (1), nominations from the floor of the annual

region meeting must be accepted if

(

a) made and seconded by licensed producers who carry on production

of the regulated product in that district or region attending the meeting

at which the election is to be held, and

(

b) the nominee

(

i) is in attendance, and

(ii) consents to the nomination.

Name must be on current list of licensed producers

52(1) If a licensed producer is entitled to vote under this plan, the

licensed producer must not cast a vote unless the licensed producer's name

appears on the current list of licensed producers.

(2) Despite subsection (1), a licensed producer may cast a vote if the

licensed producer makes a statutory declaration in writing before the

returning officer or deputy returning officer stating that the licensed

producer is a licensed producer and has not previously voted in the

election or on the matter in respect of which the licensed producer wishes

to cast a vote.

Eligibility to vote re delegates and directors

53(1) Every delegate and director is eligible to vote on any question put

to a vote at an annual meeting or a special meeting if the delegate or

director is present at the meeting at which the vote is held.

(2) Unless a licensed producer is a delegate or a director, that licensed

producer is not entitled to vote on any question put to a vote at an annual

meeting or a special meeting.

(3) Despite subsection (2), a licensed producer who is not a delegate or a

director may, if so directed by the board of directors, vote on a question

put to a vote at a special meeting if the licensed producer is present at

the meeting at which the vote is held.

Eligibility to vote re licensed producers

54(1) Subject to sections 29, 48, 49 and 51, a licensed producer is

eligible to vote in an election for a delegate and on any question put to a

vote at an annual region meeting or a special region meeting if the

licensed producer

(

a) carries on production of the regulated product in the region,

and

(

b) is present at the meeting at which the vote is held.

(2) A delegate is eligible to vote in an election for a director if,

(

a) in the case of an election of a director to represent a region,

the delegate carries on production in the region for which the election is

taking place and is present at the meeting at which the election is being

held, and

(

b) in the case of an election of a director at large, the delegate

carries on production in Alberta and is present at the meeting at which the

election is being held.

(3) Neither

(

a) a licensed producer, nor

(

b) a representative of a licensed producer provided for under

section 17,

may vote more than once on each matter even though the licensed producer or

the agent may manage or operate or own, lease or hold equity in 2 or more

operations.

Insufficient attendance for an election

55(1) If an election is held under this plan and there is in attendance at

the meeting at which the election is held an insufficient number of persons

who are eligible to vote at the election,

(

a) the election is void, and

(

b) the position for which the election was held is vacant.

(2) Even though a position is vacant under subsection (1), the term of

office of the position is deemed to have commenced as if a person has been

elected to the position.

(3) If a position is vacant under subsection (1), the board of directors

may, with the approval of the Council, fill the position by appointing,

from persons eligible to be elected to that position, a person to fill that

position.

(4) A person appointed under subsection (3) is to serve for the unexpired

portion of the term that runs to the next annual meeting following the

person's appointment, at which time

(

a) the person ceases to hold office, and

(

b) an election is to be held to fill the office for the unexpired

portion, if any, of the term of the vacant position.

(5) An appointment under this

section is not considered a term of office.

Tie vote

56 If there occurs a tie vote for the position of delegate, director or

director at large, the returning officer or deputy returning officer must

immediately select, by draw of all the tied candidates, the candidate for

the position and that person is deemed to have been elected to the

position.

Division 2

Returning Officer

Returning officer

57(1) The board of directors must appoint a returning officer for the

purposes of and in connection with any election or vote taken under this

plan.

(2) The returning officer may appoint individuals as deputy returning

officers to assist in the conduct of elections and votes under this plan.

(3) The returning officer

(

a) must compile and maintain a voters' list of licensed producers

who are entitled to vote under this plan,

(

b) is to ensure that a person does not cast a vote, except in

accordance with this plan, and

(

c) must permit scrutiny of the actions of the returning officer

and the deputy returning officers by a scrutineer in respect of the conduct

of an election or a vote taken under this plan.

(4) Unless otherwise directed by the Council, no person shall destroy any

records or ballots in respect of a vote or election held under this plan

until 90 days have elapsed from the day on which the vote was taken.

Division 3

Controverted Elections

Controverted elections

58(1) If a licensed producer

(

a) questions

(

i) the eligibility of a delegate candidate,

(ii) the eligibility of a voter,

(iii) any matter relating to a ballot or the tabulation

of ballots, or

(iv) any other irregularity with respect to the conduct

of an election,

and

(

b) seeks to have the election declared invalid and the position

declared vacant,

that person may, not later than 15 days after the day on which the election

was held, apply in writing to the Council to have the election declared

invalid and the position declared vacant.

(2) If, within the 15-day period referred to in subsection (1), the

Council has not received an application under subsection (1), a person

elected at the election is deemed to be duly elected.

(3) On receipt of an application under subsection (1), the Council must

consider the matter and may

(

a) declare the election to be proper and the position filled, if,

in the opinion of the Council, there is no basis for the application,

(

b) declare the election to be proper and the position filled, even

though that there is a basis for the application, if, in the opinion of the

Council,

(

i) the basis for the application did not materially

affect the result of the election, and

(ii) the election was conducted substantially in

accordance with this plan and the Act,

(

c) declare the election to be void and the position vacant, if, in

the opinion of the Council, there is a basis for the application and the

basis is sufficient to, or did, affect the result of the election.

(4) Despite that an election is declared void and a position is declared

vacant under subsection (3)(c), the term of office of the position declared

vacant is nevertheless deemed to have commenced on the day that the voided

election was held.

(5) If the Council declares an election to be void and the position

vacant, the Council may

(

a) order that, within the time that the Council considers proper,

a special region meeting be held and an election be conducted to fill the

vacant position, or

(

b) direct that a licensed producer be appointed to the position

under

section 27 or 44, as the case may be, to fill the vacant position.

(6) If a person fills a position under subsection (5), the person is to

serve for the unexpired portion of the term.

PART 4 TRANSITIONAL PROVISIONS, REVIEW

COMING INTO FORCE

Transitional provisions

59(1) Despite

section 25, at the initial election of delegates, delegates

are elected for the following terms:

(

a) in all Regions, one delegate from each district is elected for

a 3-year term, one delegate from each district is elected for a 2-year term

and one delegate for each district is elected for a 1-year term, and

(

b) in addition to the delegates under clause (a)

(

i) in the Northwest Region, one delegate from one

district is elected for a 2-year term and one delegate from the other

district is elected for a 1-year term;

(ii) in the Northeast Region, one delegate from one

district is elected for a 3-year term and one delegate from the other

district is elected for a 2-year term;

(iii) in the Central Region, one delegate from one

district is elected for a 2-year term and one delegate from the other

district is elected for a 1-year term;

(iv) in South Region, one delegate from one district is

elected for a 3-year term and one delegate from the other district is

elected for a 1-year term.

(2) Despite

section 43, at the initial election of directors, directors

are elected for the following terms

(

a) in the Northwest Region, one director is elected for a 2-year

term and one director is elected for a 1-year term;

(

b) in the Northeast Region, one director is elected for a 3-year

term and one director is elected for a 2-year term;

(

c) in the Central Region, one director is elected for a 2-year

term and one director is elected for a 1-year term;

(

d) in the South Region, one director is elected for a 3-year term

and one director is elected for a 1-year term.

(3) Despite

section 43, at the initial election of directors at large, one

director at large is elected for a 1-year term, one director at large is

elected for a 2-year term and one director at large is elected for a 3-year

term.

(4) Despite

section 43, a term of office of a director of one year or less

is not considered a term of office.

Transitional provisions

60(1) Despite

section 10, on the coming into force of this Regulation,

service charge for marketing and nutrition education under

section 10(2)(a)

(a) $1.03 per hectolitre as of August 1, 2002;

(b) $1.11 per hectolitre as of January 1, 2003;

(2) Despite

section 10, on the coming into force of this Regulation,

service charge for research under

section 10(2)(

b) is $0.02 per hectolitre.

(3) Despite subsections (1) and (2), a service charge for marketing and

nutrition education and for research may be changed after this plan comes

into force pursuant to

section 10(4) and (5).

Review

61 In compliance with the on-going regulatory review initiative, this

Regulation must be reviewed on or before February 28, 2008.

Coming into force

62 This Regulation comes into force on the coming into force of the Dairy

Industry Omnibus Act, 2002.

SCHEDULE

For the purposes of the Plan, the 4 regions are as follows:

1 Northwest Region:

(

a) Improvement District No. 12 (Jasper):

(

b) Improvement District No. 25 (Willmore Wilderness);

(

c) Yellowhead County;

(

d) Municipal District of Brazeau No. 77;

(

e) Woodlands County;

(

f) Leduc County;

(

g) County of Thorhild No. 7;

(

h) County of Athabasca No. 12;

(

i) County of Barrhead No. 11;

(

j) Municipal District of Lesser Slave River No. 124;

(

k) Lac Ste. Anne County;

(

l) Westlock County;

(

m) Parkland County;

(

n) City of Edmonton;

(

o) Sturgeon County;

(

p) Lakeland County;

(

q) Regional Municipality of Wood Buffalo;

(

r) Improvement District No. 24 (Wood Buffalo);

(

s) Municipal District of Opportunity No. 17;

(

t) Municipal District of Greenview No. 16;

(

u) Birch Hills County;

(

v) Saddle Hills County;

(

w) Municipal District of Clear Hills No. 21;

(

x) Municipal District of Northern Lights No. 22;

(

y) Municipal District of Mackenzie No. 23;

(

z) Municipal District of Smoky River No. 130;

(aa) Municipal District of East Peace No. 131;

(bb) Municipal District of Spirit river No. 133;

(cc) Municipal District of Peace No. 135;

(dd) Municipal District of Fairview No. 136;

(ee) Municipal District of Big Lakes;

(ff) County of Grande Prairie No. 1;

(gg) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (ff).

2 Northeast Region:

(

a) County of Wetaskiwin No. 10;

(

b) Ponoka County;

(

c) County of Camrose No. 22;

(

d) Beaver County;

(

e) Lamont County;

(

f) Smoky Lake County;

(

g) County of Two Hills No. 21;

(

h) County of St. Paul No. 19;

(

i) County of Vermilion River No. 24;

(

j) County of Minburn No. 27;

(

k) County of Wainwright No. 61;

(

l) Flagstaff County;

(

m) Municipal District of Provost No. 52;

(

n) Strathcona County;

(

o) Improvement District No. 13 (Elk Island);

(

p) Municipal District of Bonnyville No. 87;

(

q) City of Fort Saskatchewan;

(

r) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (q).

3 Central Region:

(

a) that portion of Improvement District No. 9 (Banff) north of

Highway 1;

(

b) that portion of Municipal District of Bighorn No. 8 north of

Highway 1;

(

c) Municipal District of Rockyview No. 44;

(

d) Clearwater County;

(

e) Red Deer County;

(

f) Lacombe County;

(

g) Mountain View County;

(

h) Kneehill County;

(

i) Starland County;

(

j) County of Stettler No. 6;

(

k) County of Paintearth No. 18;

(

l) Special Area No. 4;

(

m) that portion of Wheatland County that lies north of Highway 1

and west of the western edge of Range 22;

(

n) that portion of Special Area No. 2 that lies north of the

northern boundary of Township 27;

(

o) that portion of Special Area No. 3 that lies north of the

northern boundary of Township 27;

(

p) City of Calgary;

(

q) Town of Drumheller;

(

r) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (q).

4 South Region:

(

a) that portion of Improvement District No. 9 (Banff) south of

Highway 1;

(

b) that portion of Municipal District of Bighorn No. 8 south of

Highway 1;

(

c) Kananaskis Improvement District;

(

d) Improvement District No. 4 (Waterton);

(

e) Municipal District of Foothills No. 31;

(

f) Municipal District of Ranchland No. 66;

(

g) Municipal District of Pincher Creek No. 9;

(

h) Municipality of Crowsnest Pass;

(

i) Cardston County;

(

j) Municipal District of Willow Creek No. 26;

(

k) Municipal District of Taber;

(

l) Municipal District of Acadia No. 34;

(

m) County of Newell No. 4;

(

n) Vulcan County;

(

o) Cypress County;

(

p) County of Forty Mile No. 8;

(

q) County of Warner No. 5;

(

r) County of Lethbridge;

(

s) that portion of Wheatland County not included in the Central

Region;

(

t) that portion of Special Area No. 2 that lies south of the

northern boundary of Township 27;

(

u) that portion of Special Area No. 3 that lies south of the

northern boundary of Township 27;

(

v) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (u).

Alberta Regulation 151/2002

Marketing of Agricultural Products Act

ALBERTA MILK MARKETING REGULATION

Filed: July 11, 2002

Made by the Lieutenant Governor in Council (O.C. 341/2002) on July 10, 2002

pursuant to sections 26, 27 and 54 of the Marketing of Agricultural

Products Act.

Part 1

General

Interpretation 1

License required 2

Application for licence 3

Types of licences 4

Licence not transferable 5

Issue, renewal or refusal of licence 6

Suspension or cancellation of licence 7

Processor records to be maintained 8

Container identification 9

Service charge 10

Disposition, appeals 11

Written orders, etc. 12

Part 2

Marketing

Division 1

Quota

Fluid milk quota 13

Fluid milk quota maintenance adjustment 14

Market share quota 15

Market share quota maintenance adjustment 16

Quota adjustment 17

Quota abeyance 18

Cancellation of quota 19

Quota transfers 20

Appointment of attorney 21

Quota lease 22

Division 2

Milk Delivery, Prices

Milk volume 23

Milk delivery 24

Milk transferred to another processor 25

Class priorities 26

Regulated product classification 27

Class prices 28

Pooling 29

Raw milk grades 30

Grade and price adjustment 31

Inhibitors, drug residue ramifications 32

Division 3

Reports, Payments

Information to be provided 33

Monthly report 34

Payment to producers 35

Payments 36

Processor payment adjustment 37

Payment statement 38

Adjustments 39

Division 4

Variation in Authorized Marketing

Reclassification of contracted export milk 40

Contracted export milk audit 41

Division 5

Prohibitions

Purchasing below minimum price 42

Processed milk prohibition 43

Substance removal prohibited 44

Condition prohibition 45

Licence required to market 46

Licence required 47

Part 3

Expiry and Coming into Force

Expiry 48

Coming into force 49

PART 1 GENERAL

Interpretation

1(1) In this Regulation,

(a) "buttermilk" means fluid milk that contains not less than 8.25%

milk solids-not-fat and to which lactic acid producing bacteria or similar

culture has been added;

(b) "chocolate milk" means fluid milk that contains not less than

3.25% and not more than 3.60% of milk fat, and not less than 8.25% milk

solids-not-fat, to which a chocolate flavour has been added;

less than 1.00% and not more than 1.50% milk fat, to which a chocolate

flavour has been added;

(d) "chocolate partly skimmed 2% milk" means fluid milk that

contains not less than 2.00% and not more than 2.50% of milk fat, to which

a chocolate flavour has been added;

(e) "6% cream" means fluid milk that contains not less than 6.00%

milk fat;

(f) "10% cream" means fluid milk that contains not less than 10.00%

milk fat and not more than 10.50% milk fat;

(g) "18% cream" means fluid milk that contains not less than 18.00%

milk fat;

(h) "dairy plant" means a building where a processor processes a

dairy product, and the land associated with that building;

(i) "dairy year" means the 12-month period as designated in the

regulations under the Canadian Dairy Commission Act (Canada);

(j) "delivery" occurs when a processor receives, at the dairy

plant, regulated product that cannot be rejected pursuant to this Act or

the Dairy Industry Act;

(k) "Director" means Director as defined in the Dairy Industry Act;

(l) "eggnog" means fluid milk to which has been added flavouring

ingredients and sweeteners plus emulsifiers or stabilizers;

(m) "excess milk" means milk delivered by producers to a

processor's dairy plant that is not classified as sub-class 1a milk and

that is not contracted export milk;

(n) "flavoured milk" means standard milk, partly skimmed 2% milk,

partly skimmed 1% milk, skim milk or cream, to which a flavour has been

added;

(o) "fluid milk" means any products of milk that are supplied,

processed or marketed in fluid form, other than evaporated or condensed

milk packaged in cans;

(p) "fluid milk quota" means the number of litres of milk per day

allotted for fluid milk to a producer by Alberta Milk pursuant to this

Regulation;

(q) "heavy cream" means fluid milk that contains 40.00% milk fat or

more and that may have sugar added;

(r) "homogenized milk" means fluid milk that has been subjected to

a mechanical treatment that prevents separation of the milk fat;

(s) "inhibitor" means inhibitor as defined in the Dairy Industry

Regulation (AR 139/99);

(t) "licence" means a licence issued by Alberta Milk under this

Regulation;

(u) "market share quota" means the number of kilograms of milk fat

for a dairy year allotted by Alberta Milk pursuant to this Regulation to a

producer as the producer's share of the provincial entitlement;

(v) "milk component" means milk fat, protein and other solids or

other components of milk designated by Alberta Milk;

(w) "1% partly skimmed milk" means fluid milk that contains not

less than 1.00% and not more than 1.50% of milk fat and not less than 8.25%

milk solids-not-fat;

(x) "2% partly skimmed milk" means fluid milk that contains not

less than 2.00% and not more than 2.50% of milk fat and not less than 8.25%

milk solids-not-fat;

(y) "processed milk" means milk that is pasteurized, homogenized,

packaged or treated so that its form or composition is altered in any

manner from the form or composition in which it was received from the

producer;

(z) "provincial entitlement" means the combination of federal

quota, as defined in the Dairy Products Marketing Regulations under the

Canadian Dairy Commission Act (Canada), that is authorized for Alberta with

respect to a dairy year and quota for intra-provincial trade authorized by

Alberta Milk that is allocated by Alberta Milk to producers to ensure that

the Provincial Market Sharing Quota allocated to Alberta under the

federal-provincial agreement known as the National Milk Marketing Plan is

produced and marketed during that dairy year;

(aa) "provincial reserve" means an amount of unallocated market

share quota resulting from

(

i) a producer's going out of business,

(ii) a producer's delivering less than the maintenance

requirement of the producer's market share quota, or

(iii) any other source;

(bb) "skim milk" means fluid milk that contains not more than 0.10%

of milk fat and not less than 8.50% of milk solids-not-fat;

(cc) "specialty milk" means processed milk in fluid form, the

composition of which has been altered or to which has been added

flavourings, colour or bacterial culture and, without limiting the

generality of the foregoing, includes buttermilk, eggnog, cordials,

acidophilus milk, kefir, chocolate milk, flavoured milk and concentrated

liquid milk;

(dd) "standard milk" means fluid milk that contains not less than

3.25% of milk fat and not more than 3.60% of milk fat and not less than

8.25% milk solids-not-fat;

(ee) "whipping cream" means fluid milk that contains not less than

32.00% of milk fat.

(2) A reference to a class or sub-class of milk means a class or sub-class

of milk as set out in

section 27.

(3) The words defined in the Alberta Milk Plan Regulation apply to this

Regulation.

(4) A reference to the Dairy Industry Act includes a reference to the

regulations under that Act.

Licence required

2(1) A person who is a producer or processor must hold a licence issued by

Alberta Milk.

(2) A person who holds a licence must comply with the terms or conditions

of the licence.

Application for licence

3 An application for a licence must

(

a) be made to Alberta Milk on a form satisfactory to Alberta Milk,

(

b) include a recommendation by the Director,

(

c) include the approval of any municipality or other person or

agency that Alberta Milk requires, and

(

d) for producers, be accompanied by a fee of $25.

Types of licences

4(1) Alberta Milk may issue

(

a) a producer licence, or

(

b) a processor licence.

(2) A producer licence authorizes the licensee to produce regulated

product for delivery to a processor to whom the licensee has been directed

by Alberta Milk to deliver regulated product.

(3) A processor licence authorizes the licensee

(

a) to accept regulated product and agricultural product for

processing, as directed by Alberta Milk,

(

b) to operate a dairy plant, and

(

c) to market dairy product from that dairy plant.

(4) A person may hold both a producer licence and a processor licence.

Licence not transferable

5 A licence issued by Alberta Milk is not transferable.

Issue, renewal or refusal of licence

6(1) If Alberta Milk is satisfied that the applicant meets the

requirements of this Regulation and the requirements of the Dairy Industry

Act, it may issue a licence to an applicant.

(2) Alberta Milk shall not issue more than one producer licence with

respect to a dairy farm operated as a unit at one location or more than one

processor licence with respect to a dairy plant operated as a unit in one

location.

(3) Alberta Milk may include conditions in the licence.

(4) In addition to conditions referred to in subsection (3), the

requirements of the Act, this Regulation, the Dairy Industry Act, the

Alberta Milk Plan Regulation and administrative orders and directives of

Alberta Milk pursuant to this Regulation are conditions of a licence issued

under this Regulation.

(5) A licence issued under this Regulation may not apply to more than one

dairy farm or dairy plant.

Suspension or cancellation of licence

7(1) Licences issued by Alberta Milk continue in effect unless suspended

or cancelled.

(2) Alberta Milk may suspend or cancel a licence if

(

a) the Board finds that the licensee has not complied with the

Act, the Alberta Milk Plan Regulation, this Regulation, the Dairy Industry

Act, conditions of the licence or terms of an agreement entered into

pursuant to the Alberta Milk Negotiation and Arbitration Regulation,

(

b) the suspension or cancellation has been recommended by the

Director, in the case of an alleged contravention of the Dairy Industry

Act,

(

c) an assessment or fee under the Dairy Industry Act or a levy,

service charge, fee or assessment under the Alberta Milk Plan Regulation

remains unpaid for a period of 30 or more days after it is due,

(

d) there has been a change

(

i) in the ownership or location of any dairy farm or

dairy plant in respect of which the licence is issued, or

(ii) in the address or ownership of the licensee,

(

e) a producer contravenes

section 24(1), or

(

f) a processor accepts delivery of regulated product from a

producer other than a producer directed to the processor by Alberta Milk.

(3) If a licence is suspended or cancelled under this section, Alberta

Milk must notify the Director and the person to whom the licence was issued

of that suspension or cancellation.

(4) If a licence is suspended or cancelled, the person to whom the licence

was issued

(

a) must, on receiving a notice of the suspension or cancellation,

immediately cease engaging in the activity authorized by the licence, and

(

b) may apply to Alberta Milk for an order staying the suspension

or cancellation pending the determination of a review or an appeal under

Part 5 of the Act.

Processor records to be maintained

8(1) A processor must maintain books, records and accounts, including

agricultural product sold and setting out clearly how the processor's

business pursuant to the Alberta Milk Plan Regulation and this Regulation

is carried out.

(2) A processor must maintain a record of all agricultural product

transferred to any branch of that processor or to any dairy plant.

(3) A processor must keep at the processor's place of business complete

records of the dairy product sales.

(4) A processor must make records available on request for reconciliation

and verification audit purposes.

(5) Any fee for any reconciliation or verification audit under subsection

(4) must be shared equally by the processor and Alberta Milk.

(6) Each dairy plant must be audited under this

section at least once each

dairy year in accordance with the directives and administrative orders of

Alberta Milk.

Container identification

9 A processor must identify, by code on each container, the location of

the dairy plant where each container of dairy product is processed and must

file the code with Alberta Milk.

Service charge

10(1) A licensed producer must pay service charges for each hectolitre of

raw milk, except farm-separated cream, received within the meaning of

section 30(2).

(2) The service charges referred to in subsection (1) are the following:

(

a) for marketing and nutrition education

(i) $1.03 for each hectolitre, on the coming into force

of this Regulation;

(ii) $1.11 for each hectolitre, as of January 1, 2003;

(iii) $1.19 for each hectolitre, as of January 1, 2004;

(

b) for research $0.02 for each hectolitre;

(

c) for the proper administration of the plan, as set by a

directive or administrative order of Alberta Milk.

(3) Alberta Milk may require processors to deduct service charges from

producers and remit the amounts to Alberta Milk.

(4) Alberta Milk may charge interest on late payment of service charges at

the rate of 1% per month.

(5) Despite subsection (1), producers of contracted export milk must pay

service charges with respect to the contracted export milk only under

subsection (2)(c).

(6) Despite subsection (1), producers of farm-separated cream must pay

service charges for the administration of the plan, with respect to each

kilogram of milk fat delivered to a processor, as set by a directive or

administrative order of Alberta Milk.

(7) A service charge and interest on it is a debt due to Alberta Milk and

may be recovered by legal action.

Disposition, appeals

11 An application to Alberta Milk for the disposition of any matter must

be made in writing and must be signed by the person making the application.

Written orders, etc.

12(1) Any order, directive, permission, authorization or approval of

Alberta Milk required or referred to in this Regulation made with respect

to a particular producer or a particular processor does not have any effect

unless that producer or processor is notified in writing.

(2) Subsection (1) does not apply to sections 24(1), (2) and (8), 35(1)

and 36.

PART 2 MARKETING

Division 1

Quota

Fluid milk quota

13(1) Alberta Milk may set provincial fluid milk quota requirements to

meet market demands.

(2) When changes occur in the provincial fluid milk market, Alberta Milk

may increase or decrease a fluid milk quota.

(3) Alberta Milk may allot fluid milk quota to producers.

(4) A fluid milk quota allotted to a producer by Alberta Milk remains in

effect until it is

(

a) cancelled under

section 19,

(

b) increased or decreased under this section, or

(

c) reduced under

section 14.

Fluid milk quota maintenance adjustment

14(1) A licensed producer must deliver no less than 90% of the producer's

fluid milk quota, calculated on a daily basis, during the months of

September, October, November and December.

(2) Subject to

section 18(3), if a licensed producer delivers less than

the amount prescribed in subsection (1), in the January following the

months used to calculate maintenance adjustments, Alberta Milk may reduce

the producer's fluid milk quota by the number of litres per day that the

producer failed to deliver in subsection (1).

(3) If a producer's milk fluid quota is reduced under subsection (2), the

producer may apply to Alberta Milk to have that quota reinstated.

Market share quota

15(1) Alberta Milk may allot market share quota from the provincial

entitlement to all producers on a basis as determined by Alberta Milk.

(2) Alberta Milk may retain a portion of the provincial entitlement of

market share quota in a provincial reserve.

(3) Alberta Milk may allot all or part of the provincial reserve.

(4) Nothing in this

section requires Alberta Milk to allot any market

share quota if the provincial entitlement would be exceeded.

(5) When changes occur in the Canadian domestic market, Alberta Milk may,

in accordance with the National Milk Marketing Plan, adjust the market

share quota allotted to each producer.

Market share quota maintenance adjustment

16(1) A licensed producer must deliver no less than 90% of the producer's

market share quota in accordance with directives and administrative orders

issued by Alberta Milk.

(2) Subject to

section 18(3), if a producer delivers less than the amount

prescribed in subsection (1), Alberta Milk may reduce the producer's market

share quota by the number kilograms of milk fat that the producer failed to

deliver in accordance with subsection (1).

(3) If a producer's market share quota is reduced under subsection (2), a

producer may apply to Alberta Milk to have that quota reinstated.

Quota adjustment

17 Alberta Milk shall not adjust the quota of any producer because all or

any part of the regulated product received within the meaning of

section

30(2) is subsequently rejected by the processor pursuant to the Dairy

Industry Act.

Quota abeyance

18(1) Despite sections 14 and 16, a producer may apply to Alberta Milk to

hold the producer's quota in abeyance

(

a) if the producer's herd or production from the herd is affected

by a catastrophe, including but not limited to severe illness or death of

the quota holder, sudden death of a significant part of the producing herd,

destruction of the production facilities, severe infection of an

uncontrollable disease in the dairy herd or a disease for which the health

authorities require that the dairy herd be slaughtered, or

(

b) for any other reason that is acceptable to Alberta Milk.

(2) On receipt of an application under subsection (1), Alberta Milk may

hold the producer's quota in abeyance for a period as determined by Alberta

Milk.

(3) If quota is held in abeyance, sections 14, 16 and 19 do not apply.

Cancellation of quota

19(1) Subject to

section 18(3), Alberta Milk may cancel a quota if

(

a) the producer's licence is suspended for 2 weeks or more, or

cancelled,

(

b) the producer does not deliver in accordance with the producer's

fluid milk quota for a period of 2 consecutive weeks or more,

(

c) the producer does not deliver in accordance with the producer's

market share quota for 2 consecutive months,

producer's licence, or

(

e) the producer contravenes the Act, the Alberta Milk Plan

Regulation, this Regulation or the Dairy Industry Act.

(2) If a producer's quota is cancelled under subsection (1), the producer

may apply to Alberta Milk to have that quota reinstated.

Quota transfers

20(1) A quota may be transferred only with prior written approval of

Alberta Milk.

(2) A producer applying to transfer a quota must submit the application to

Alberta Milk on forms supplied by Alberta Milk at least 14 days prior to

the requested transfer date unless the number of days is reduced by a

directive of Alberta Milk.

(3) A transfer of quota is effective on the first day of a month.

(4) If a producer transfers all of the market share quota allotted to the

producer to another producer,

(

a) the unused portion of the market share quota is available to

the transferee for the quota period in which the transfer is approved by

Alberta Milk, and

(

b) the whole of the acquired market share quota is available to

the transferee in the next quota period,

subject to the delivery requirements in

section 16.

(5) If a producer who has quota reinstated pursuant to

section 14, 16 or

19 applies to transfer quota within 2 years from the time of reinstatement,

the amount of quota equal to the amount of reinstated quota is not

available for a transfer and reverts to the provincial reserve.

Appointment of attorney

21(1) A person who has loaned money to a producer may apply to Alberta

Milk to register an appointment of attorney.

(2) An appointment of attorney must be in a form satisfactory to Alberta

Milk.

(3) An appointment of attorney is only effective from the date Alberta

Milk acknowledges in writing that it is registered.

(4) Only one appointment of attorney may be registered in respect of a

producer.

(5) Alberta Milk shall not register an appointment of attorney unless it

is signed by the producer that is affected by it.

Quota lease

22(1) A producer may lease quota for any monthly period within the dairy

year.

(2) A quota may be leased only with prior written approval of Alberta

Milk.

(3) A producer applying to lease quota must submit the application to

Alberta Milk at least 14 days prior to the proposed lease date on forms

supplied by Alberta Milk.

(4) A lease of quota is effective on the first day of a month.

(5) A producer who holds leased quota is subject to the service charges

for the regulated product deliveries made under the leased quota and

subject to any interest charges for late payment under

section 10. Division 2

Milk Delivery, Prices

Milk volume

23(1) A bulk milk tank must be levelled and calibrated in accordance with

directives and administrative orders of Alberta Milk to ensure accurate

measurement of the volume of milk contained in the bulk milk tank.

(2) The volume measured in a bulk milk tank calibrated in accordance with

subsection (1) by a bulk milk grader pursuant to the Dairy Industry Act is

the volume on which payment is based.

Milk delivery

24(1) A producer may only allow transportation of regulated product from

the dairy farm, in accordance with the Dairy Industry Act and with

directives and administrative orders of Alberta Milk.

(2) The operator of a milk transport vehicle must transport regulated

product from a producer to a processor as required by directives and

administrative orders of Alberta Milk.

(3) Alberta Milk has no obligation to direct milk be delivered to a

particular processor, and without limiting the generality of the foregoing,

Alberta Milk may decline to direct that milk be delivered to a processor

that is indebted to Alberta Milk.

(4) The period of time between 2 deliveries of milk from a producer must

be in accordance with the Dairy Industry Regulation (AR 139/99).

(5) If Alberta Milk is notified by the Director under the Dairy Industry

Act of a change in the period between 2 deliveries of milk referred to in

subsection (4), Alberta Milk must notify the affected processor.

(6) A processor shall not reject any regulated product that is delivered

in accordance with this Regulation and the Dairy Industry Act by producers

directed to deliver to the processor by Alberta Milk.

(7) Alberta Milk may set transportation rates and routes.

(8) A person operating a milk transport vehicle will be paid compensation

in accordance with directives and administrative orders of Alberta Milk.

(9) This

section does not apply to farm-separated cream.

Milk transferred to another processor

25(1) Subject to subsection (3), and to an agreement entered into pursuant

to the Alberta Milk Negotiation and Arbitration Regulation, Alberta Milk

may direct regulated product to a processor or between processors.

(2) Payment for milk transferred under subsection (1) must be calculated

and then invoiced or credited to processors in accordance with the

directives and administrative orders of Alberta Milk.

(3) The directing of regulated product between processors pursuant to

subsection (1) does not apply to contracted export milk.

Class priorities

26(1) The highest priority of use of milk classified in accordance with

section 27 is given to class 1 and the priority descends to the lowest

class which is class 5, except for sub-class 4m which is lower than class

(2) The priority of a sub-class of milk is the same as the priority of its

class except for sub-class 3a milk which has a higher priority than

sub-class 3b.

(3) Subject to sections 24(3) and 25, if a processor requires milk for a

higher priority use, another processor must, at the request of the

processor who requires the milk, redirect milk to that processor in

accordance with any directives and administrative orders of Alberta Milk in

respect of the transfer.

(4) Subject to an agreement between Alberta Milk and a processor, all

costs related to the transportation of milk under this

section are the

responsibility of Alberta Milk.

Regulated product classification

27(1) Regulated product, other than contracted export milk, is classified

according to how a processor uses it.

(2) Regulated product, other than contracted export milk, is classified as

follows:

(

a) class 1 milk, which consists of the following sub-classes of

milk:

(

i) sub-class 1a, which means milk in liquid form and

includes standard milk, 2% partly skimmed milk, 1% partly skimmed milk,

skim milk, modified enriched milk and kosher milk;

(ii) sub-class 1b milk, which means cream in liquid form

and includes whipping cream, 18% cream, 10% cream, 6% cream and heavy

cream;

(iii) sub-class 1c milk, which means specialty milk;

(iv) sub-class 1d milk, which means milk in liquid form

that is marketed in the Yukon Territory, the Northwest Territories, Nunavut

or off-shore within the meaning of this section;

(

b) class 2 milk, which means milk used in the manufacture of sour

cream, yogurt, cultured products, ice cream, frozen yogurt or other frozen

products, meal replacement beverages, soup bases, puddings or infant

formulas;

(

c) class 3 milk, which consists of the following sub-classes of

milk:

(

i) sub-class 3a milk, which means milk used in the

manufacture of cottage cheese, fresh curd or any other cheese that is

designated by Alberta Milk as specialty cheese;

(ii) sub-class 3b milk, which means milk used in the

manufacture of cheddar cheese, light cheddar cheese, kosher cheese, stirred

curd, creamy cheese bases or cheese mixes;

(

d) class 4 milk, which consists of the following sub-classes of

milk:

(

i) sub-class 4a milk, which means milk used in the

manufacture of all types of butter, all types of milk powder, casein,

caseinate, condensed milk as an ingredient in the food industry and butter

oil;

(ii) sub-class 4b milk, which means milk used in the

manufacture of condensed milk and sweetened condensed milk for retail sale;

(iii) sub-class 4c milk, which means milk used in the

manufacture of classified products designated by Alberta Milk as new to the

Alberta market;

(iv) sub-class 4d milk, which means milk

(

A) used in the manufacture of processed

animal feed or a new product that has not yet been classified, or

(

B) involved in inventory and dairy plant

losses;

(

v) sub-class 4m milk, which means milk used for sleeve

production, structural surplus and over-quota production, within the

meaning of the National Milk Marketing Plan;

(

e) class 5 milk, which consists of the following sub-classes of

milk:

(

i) sub-class 5a milk, which means milk used for the

further processing of cheese products;

(ii) sub-class 5b milk, which means milk used for the

further processing of non-cheese products;

(iii) sub-class 5c milk, which means milk used for

confectionary products;

(iv) sub-class 5d milk, which means milk used for

processing into products not mentioned in subclause (i), (ii) or (iii).

(3) For the purposes of this section, dairy products are marketed

off-shore if they are

(

a) marketed outside Canada,

(

b) delivered to a bonded warehouse or a ship chandler for

marketing outside Canada, or

(

c) sold to a foreign registered cruise ship operating in, or a

foreign registered ship normally operating outside, Canadian territorial

a province, or any of its agencies.

(4) In this section, "inventory and dairy plant losses" means milk

receiving and processing losses as confirmed by audit, including

extraordinary losses such as transportation or shipping accidents, spillage

prior to processing, processing losses in the production of finished

products, class 1 returns and unaccounted milk losses at the dairy plant up

to 2% of milk delivered to the dairy plant.

(5) Losses in excess of 2% of dairy plant receipts referred to in

subsection (4) must be prorated to each class and sub-class of milk

processed in the dairy plant.

Class prices

28(1) Subject to this section, a processor must make payment for all milk

delivered to the processor on behalf of producers at not less than the

prices set out in orders of the Alberta Energy and Utilities Board and

directives and administrative orders of Alberta Milk.

(2) The price for sub-class 1a milk is the price prescribed by the Alberta

Energy and Utilities Board in accordance with

section 5 of the Alberta Milk

Plan Regulation.

(3) Alberta Milk may set the conversion rates for the purpose of

determining the volume of class 1 milk used to process class 1 dairy

products.

(4) Alberta Milk may, by directives or administrative orders, set a

minimum price for excess milk

(

a) on its own initiative, or

(

b) if requested in writing by an organization of processors or 5%

of the producers.

(5) Subject to any agreement entered into pursuant to the Alberta Milk

Negotiation and Arbitration Regulation, Alberta Milk may set prices for the

components of milk.

(6) The price for excess milk is the price set out in a directive or

administrative order of Alberta Milk.

(7) Alberta Milk must announce prior to the effective date the minimum

price for sub-class 1a milk and excess milk set in accordance with the

Alberta Milk Plan Regulation and this Regulation.

(8) This

section does not apply to contracted export milk.

Pooling

29(1) Alberta Milk may operate one or more producer payment pools for the

purpose of sharing milk revenue derived from the sale of sub-class 1a milk

and excess milk in Alberta by producers to processors, and may make

directives and administrative orders respecting pricing and payment

mechanisms for the purposes of the pools.

(2) If milk is rejected pursuant to the Dairy Industry Act, Alberta Milk

must use money collected for grade price adjustments under this Regulation

(

a) pay producers directly on behalf of processors or pay

processors who in turn must pay producers whose milk yielded a negative

inhibitor test result, and

(

b) pay milk transportation compensation claims in accordance with

directives and administrative orders of Alberta Milk for shipments of milk

rejected at a dairy plant.

(3) Any money remaining under subsection (2) after making payments under

subsection (2)(

a) and (

b) must be paid on a monthly basis to a producer

payment pool operated under this section.

(4) If in a month payments under subsection (2)(

a) and (

b) are greater

than the money collected that month for grade and price adjustments, the

payments must be made first from that money and the balance of the payments

must be made from the producer payment pool operated under this section.

(5) Alberta Milk must publish monthly the results of each producer payment

pool showing how payment to producers was determined.

(6) Alberta Milk may, in conjunction with the producer payment pools

operated by Alberta Milk under this

section

(

a) set out all amounts payable among processors, producers and

Alberta Milk under this Regulation and the Dairy Industry Act, and

(

b) direct processors to pay the net amounts determined by Alberta

Milk to be owing,

and on such setting out and direction the processors, producers and Alberta

Milk must pay the net amounts so determined and are relieved from payment

of the constituent obligations included in determining the net amounts

owing.

(7) Except for grade and price, producer payments for contracted export

milk are not made through a producer payment pool.

(8) Alberta Milk may deduct an amount from the pool for expenses with

respect to the operation of the pool.

(9) Alberta Milk may deduct service charge

Document details

Collection	Alberta — Gazette
Citation	0731 ii
Type	gazette
Volume / chapter	0731 ii
Language	en
Format	html
Source	PROVINCIAL
Identifier	2081ea4146f4b0e7e2b3f35eb0ba1f9b17e43404

Source file is stored in the law ingest library (html).

Alberta Gazette — 31 July (ii)

MINIMUM MILK PRICE ORDER

section 13 of the Dairy Board Act.

REGIONAL HEALTH AUTHORITIES (MINISTERIAL)

AMENDMENT REGULATION

section 24 of the Regional Health Authorities Act.

section 2:

ALBERTA SOFT WHEAT PRODUCERS MARKETING

AMENDMENT REGULATION

section 26 of the Marketing of Agricultural Products Act.

Section 2 is amended by striking out "$0.50" and substituting "$1".

ELECTRICAL CODE REGULATION

section 65 of the Safety Codes Act.

Table of Contents

Interpretation 1

Coming into force 5

Interpretation

Part I, Nineteenth Edition,

C22.1-02;

Coming into force

HEALTH AND WELLNESS GRANTS REGULATION

section 13 of the Government Organization Act.

Table of Contents

DAIRY INDUSTRY AMENDMENT REGULATION

section 39 of the Dairy Industry Act.

Section 1(1) is amended

Section 2 is amended by adding the following after clause (b):

Section 4 is renumbered as

section 4(1) and the following is added

Section 5 is amended by striking out "an earlier" and substituting "a

Section 25 is amended

Section 40 is amended

section 14 of the Act to cease supplying milk

section 18 of the Act to not sell

Section 43 is amended by striking out "or down-graded".

Section 44(2) is amended by striking out "dairy plant" and substituting

Section 46 is amended

section 47 is repealed.

Section 47(1) is amended by striking out "grade" and substituting

Section 50 is amended

Schedule 2 with respect to inhibitors and drug residues,

Schedule 2 with respect to

Section 52 is repealed and the following is substituted:

Schedule 2 or the producer is authorized by an inspector to

Section 54 is repealed and the following is substituted:

Section 55 is amended by striking out "Act, this Regulation and the

Schedule 2 is amended in the 4th and 7th rows

Section 82 is amended by striking out "July 31, 2004" and substituting

section 1(2)(b);

section 40(3)(d).

ALBERTA MILK RECORDS TRANSFER REGULATION

section 1(12) of the Dairy Industry Omnibus Act, 2002.

Definitions

section 47 of the Dairy Industry Regulation (AR 139/99),

Coming into force

ALBERTA MILK RECORDS DISCLOSURE REGULATION

Definitions

Coming into force

ALBERTA MILK PLAN REGULATION

Table of Contents

Definitions 1

Part 1

Division 1

Division 2

Part 2

Division 1

Division 2

Division 3

Division 4

Division 5

Division 6

Part 3

Division 1

Division 2

Division 3

Part 4

Coming into force 62

Schedule

Definitions

section 2;